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Dec. 9.
Paris. |
120. Hen. Cæsar to Sec. Walsingham. As you wish to know the
truth concerning Gilbert Gifford the priest, who has now been a
year in the Bishop's prison in Paris, I put it down exactly as told
me by one of his own calling, and a great companion of his,—William
Nicholson. Gifford lived in Paris, and was apparelled as our disguished priests are in England, whereat divers were offended, and
every man spoke his pleasure, but especially Miles Hispanicus ille,
Sir Chas. Arundel, whom Gifford accused to the Spanish ambassador
as a spy for Her Majesty of England, for which Arundel never
rested until he had brought the matter to the pass it is, and which
could not have been done by any other means than as follows:— |
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Lilly, alias Ambodexter, being very familiar with Gifford and
Arundel, it was thought good by the latter and his counsel, Dr. Piers,
alias Skinner, and Bircket, a priest, to fee Lilly, and by his means
to get something to lay against Gifford, and prove him to be a spy,
as he had accused Arundel of being. Lilly thought it best to get
the book which you had, and which was made by Grackley and
Gifford against the Jesuits, and touching the authority of the Bishop
of Rome, which book has been the occasion of Gifford's troubles in
Paris, and of Grackley's in Rome, and which your man Phelippes sent
to Lilly. Lilly had 100 crowns for his labour, and 80 paid to him
for a surety. |
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You shall yet further understand how Lilly has abused you.
Gifford, a little while before his taking, wrote a book against
Dr. Allen's book in defence of Sir Wm. Stanley delivering up
Daventry to the Spanish. Gifford delivered the book to his trusty
friend Lilly to send to you, but mistrusting him afterwards, demanded to have it again, when Lilly said he had sent it to you,
whereas he had delivered it to Sir Chas. Arundel. He also intercepted four packets of letters which Gifford sent you, and others
directed to Mr. Hugh Offley. All this has been the cause of
Gifford's long imprisonment, although the occasion of his first taking
was for being in a suspected house. If Lilly were in England, there
would be other matters laid to his charge, but until a man be in
danger, no man will speak against him. He has villainously abused
you, and for money would betray his country. All that ever he can
hear, Pierce has, who is the vilest fellow that lives, and wishes his
country as Sodom and Gomorrha. There are two brethren of them
here in Paris, one a Sorbonnist, and the other a common priest. |
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Trust not a Northern Catholic, by any means, if he be a priest,
quoniam generatio perversa est, semper exasperans, et infideles
filii. If you had heard and seen what I have done, you would
never pity them. You have as vile fellows at home as there be
here; look to them. They attend but for an occasion, and you
would find little mercy with them. Let the King of France be an
example to you, who was driven out of his own town by his subjects,
and very like to have been driven out of his kingdom. I never
knew a priest that would wish well to his Prince and country, but
use villainous and intolerable words against her and the present
estate. Banish no more, for that is the way to breed traitors;
when you have them, keep them not long in prison, unless you know
them, as that is but the way to seduce others. As long as they live,
their practices will never cease, as one of them vaunted not long
since. Sherwood, a priest, a Londoner, banished a year ago, deserved
hanging; and there are two brothers of his here now, also priests. |
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Pray consider of my poor estate, and that I have lived here four
years without any help from my friends. If I had wherewith, I
might do my country good service, but being poor, I may wish it
well, but cannot do that I would do. [2½ pages.] |
Dec. 14.
Greenwich. |
121. Privy Seal warrant to pay to Sir Thomas Sherley, for the
wars in the Low Countries, for apparel, to be defalked half-yearly
out of the soldiers' wages, 12,000l. at once, and on 1 April 1589,
8,000l. On 13 Jan. 1589, 12,525l. 18s. 8d. for the pay of the army
and the garrisons, to be issued by weekly imprests, beginning 28
Jan. and ending 24 March. On 10 March 1589, 12,525l. 18s. 8d.
for pay from 25 March to 19 May; and the same on 6 May, for
their pay from 20 May to 14 July 1589. [1 sheet, copy.] |
1588? Dec. 24.
Westminster. |
122. Grant by the Queen to Sir Henry Palmer of the office of
Comptroller of the Navy, in the same manner as the late William
Boroughs held the same, for life; fee, 50l. a year, and 8d. a day each
for two clerks. [2¼ sheets, damaged, interlined with a grant of
the same office by James I. to Sir Guildford Slingsby, Feb. 10, 1604.] |
| Dec. ? |
123. Will of — Rusham, leaving to his brother Geoffry Rusham, for life, his land called Holts, in Burch, Easthorp, and Copford,
co. Essex, with reversion to the fellows and scholars of St. John's
College, Cambridge, unless John Hunwick of Stebbing, the present
tenant, within two years of his decease, pay 280l. in lieu thereof,
when half the money shall be for his brother, if living, and the
other half go to the college, to be spent on reparations and re-edifications. [1 sheet, imperfect, damaged.] |
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124. The executors of Mr. William Cooke to Lord Treasurer
Burghley, Master of Wards and Liveries. A petition of [John] Hare,
about a variance between him and the clerk of liveries, being committed to the attorney [of the Court of Wards], who will soon
report thereon, we to whose care the clerk of the liveries, being an
infant and Her Majesty's ward is committed, find that he is as
absolute an officer, both within and without Court, to make entries
and processes, as the clerk of the Court. On these points we mainly
insist, as until the quality of the office be debated, the smaller
variances cannot be settled. We beg that the nature of the office
may be considered by the judges or counsel learned. [⅓ sheet.] |
| The Court. |
125. Sir Walter Raleigh to Dr. Dale, Master of Requests. I beg
favour for my poor kinswoman, the widow of William Toiker, in a
suit against Hugh Wilson, both of Exeter, about possession of a
tenement there. Wilson has received more than the money he paid
for it, and yet sued Toiker and Bernard Drake, his surety, for 100
marks, for nonfulfilment of a bond to convey it to him. I will be
ready to requite what you may do herein for my sake. [1 page,
concluding sentence, autograph.] |
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126. Alphabetical list of 79 captains who have served in the
Low Countries. [1 page.] |
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127. Note by G. Leicester, of 1,800 qrs. of wheat, shipped at the
ports of Sussex, 300 at Sandwich, and 200 at Lynn; also 470 tuns of
beer at London, for the Low Countries, since 3 Dec. 1588, by virtue
of Council warrants for 4,000 qrs. of wheat, and 4,000 tuns of
beer. [¾ page.] |
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128. Report to Council of Commissioners J. Delacourt, H. Beauvoir,
and J. Essard, touching the complaint of Hugh Perin, of Jersey,
against John Dumaresq, late bailiff, and the jurats there, in a matter
between Perin and Edm. Richardson. |
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At the Court of cheefeplays of the manor of Rosell, Perin, as lord
of the manor, required possession of certain lands occupied by
Richardson his tenant, who had not paid the charges and duties due
by his tenure. The seneschal, John Falle, gave sentence that Perin
should have the lands until Richardson had discharged his liabilities.
Richardson appealed to the bailiff and jurats, alleging that he had
offered, not only at the same Court, but at divers other Courts, to
yield his duties. Richardson entered his plaint against the judge,
when it was ordered that, as the time for sowing the ground was at
hand, and the Courts where matters of appeal are decided were shut
up, Richardson should repossess the land, as sequestered only, until
further order. |
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After the Courts were open, Richardson obtained an order for the
appearance of Falle and Perin, but Perin protested that whatever
they should do to Falle should not turn to his prejudice, and declared
that he had cause to recuse the said bailiff, as he was his mortal
enemy. At another Court, Perin exhibited a bill recusing all the
jurats, also alleging that as they were connected by kin, he doubted
their indifferency; thus he pretends that they were excluded from
the judgment of the cause, and ought to have abstained from the
prosecution thereof. |
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Richardson prosecuting his matter by authority from the bailiff and
jurats, notwithstanding the recusation, the seneschal was adjourned
in Court, and amerced for not appearing, and the land was ordered
to remain in Richardson's possession, provided he discharged all
services and duties due for the same. Richardson bringing to Perin
certain corn and other grain, which is called campart, being parcel
of his due, and Perin refusing it for the above causes, the corn is
now thought to be perished, and this is one of the greatest occasions
of this controversy, as Richardson means to turn the loss upon Perin,
as his landlord. |
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Richardson proved that not only at the Court where the sentence was given, but at other courts before, he had offered to yield to
Perin the duties and services for the said premises, but the seneschal
alleged that Richardson had refused to acknowledge a writing containing arrearages of wheat and other rents due to Perin, which
writing Richardson had before delivered to Perin, in a Court held
upon the manor; and this refusal the seneschal thought sufficient
proof that he did not mean to perform his submission, alleging that
such arrears were parcel of the duties he had offered, and therefore
his proof cannot prevail. |
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Our opinion is that Richardson should pay all duties due, and a
reasonable sum for the service which he ought to have done for time
past, rather than stand upon the hard terms of the law. |
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As for recusation by Perin against the bailiff and jurats, they
alleging for confirmation these words contained in the Customary of
Normandy, 18th chapter of the 15th book, "Mais si la requeste porte
récusation contre si grand nombre des présidents et conseillers
de toute la cours que le nombre des nom récusés ne suffit a l'adjuger,
en ce cas les non récusés déclareront ne la pouvoir juger, et la
renvoyronts au Roy, pour estre les causes de récusation jugées en
son conseil, et pourveoir aux parties ainsi que de raison." Perin
alleges that not only have they refused to abstain from the judgment, but have reversed the sentence of the seneschal, and condemned him to prison, pretending that the recusations were false,
while he affirms the contrary; yet by law they ought not to
have imprisoned him, but fined him as the case required, alleging
for confirmation thereof, out of the said customary, the following
from the 20th chapter of the 9th book, "Et que le proposant sera
tenu pour chascun, moisty envers nous, et moisty envers la partie en
nos cours inférieures," and in the 18th chapter of the 15th book,
"Pour chascun faict de récusation calomnieusement proposé en
noz cours sonveraines, le proposant sera condamné a xxl. Parisis
d'amende, moisty envers nous, et moisty envers la partie." |
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He claims against the bailiff and jurats all costs, damages, and interest, alleging that according to their sentence, he was imprisoned
in the castle until he fell sick, and requested the lieutenant of the
isle to be enlarged for the recovery of his health, who obtained leave
from the bailiff and jurats for a fortnight only, on sufficient surety
to surrender at the time limited. Being enlarged, he had refuge to
Her Majesty, and obtained a commission from Council, but it being
dissolved by the death of one of the commission before they met,
he was bound in 100l. to sue for another commission on sufficient
discharge, requiring time therefor; but the Council misliking this,
ordered him to be discharged of the penalty, which otherwise would
have been levied upon his goods, at the suit of the Queen's procurer. |
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The bailiff and jurats answer that they could do no other than
administer justice to such as require it; that what was done by them
in Richardson's matter was orderly done, and that Perin's bill of
recusation cannot be allowed, being full of false accusations. That
Perin should have attended the prosecution of the matter until final
sentence, when it would have been lawful for him to appeal to
Her Majesty, and that by virtue of their privileges, all matters
commenced in the isle must be ended there until final sentence be
procured, against which sentence it is lawful to appeal from the bailiff
and jurats to the Queen and Council, as expressed in the old privileges
of the isle, and in the privileges granted by Council 18 June 1565,
stating that "no appeal be hereafter received without the copy, as
well of the sentence or judgment, as of the whole process of the
cause, closed together under the seal of the isle." |
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John Dumaresq, late bailiff, and the jurats allege that Perin, of
his own free will, entered in suit before them in some other cause,
about the time he exhibited his bill of recusation, and has done the
like ever since he obtained the commission; whereby they conclude
that by no law can be pretend any recusation against them, and
think themselves exempt of the imprisonment, it being done by the
lieutenant of the isle, with advice of the jurats; the enlarging of
him was done by the bailiff and jurats, at the instance of the said
lieutenant. |
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Our opinion is that the bailiff and jurats should have remitted
the matter to Council, feeling themselves so grievously touched by
Perin's bill. We have laboured to bring them and Perin to some
good composition, and begged Sir Amias Paulet, the governor, to
take pains in the matter; he exhorted all the parties to give over
contentions, and acquit each other without claiming recompense, each
standing to his own charge; but this Perin refused, alleging that he
had sustained very great charges, whereof he looked to be restored,
and the mediation has therefore been frustrated. We therefore beg
Council to take order therein. |
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As to other matters depending between divers private persons and
Perin, wherein he obtained a reference to us, on the alleged partiality of the late bailiff and jurats, as there is now another bailiff,
and some jurats in the room of those dead since the time of the
recusation, such doubts ought to be taken away, and we crave that
the Council will order such matters to be tried by the common law
used in the isle. [7¼ pages.] |
